How Long Can a Workers’ Comp Claim Stay Open?

If you have suffered an injury at work, it’s a good idea to file a Workers’ Comp claim. This way, medical services and wages can be paid even if you have to miss some time off work. Workers’ Compensation policies are put into place so that you can have medical care, wages, and ongoing care at least partially covered after a work injury. In the event of a fatal accident, benefits can pay for a limited amount of funeral expenses, medical bills incurred before the death, and lost wages for certain periods of time for certain survivors or dependents who meet statutory criteria.

Workers’ Compensation protects both the employer and the employee. Knowing the basics of claims and how to close and open claims is essential to both parties. Having a Virginia Workers’ Comp lawyer on your side will give you the advantage of knowledge.

The Basics of Opening a Claim

In most cases, you must give notice to your employer within thirty days of the accident, and your claim must be on file with the Virginia Workers’ Compensation Commission within two years of your date of accident, although exceptions apply. Missing these deadlines could affect your ability to receive benefits.

A request for review based on a change in condition generally must be made within 24 months from the last day for which compensation was paid, with longer periods for some claims. Total compensation is generally capped at 500 weeks, with exceptions such as permanent total incapacity. There are limits on consequences of your accident being covered.

Change in Circumstances

If you have a Workers’ Comp claim, you might experience a change in circumstances, such as an employer who stops paying, a change in doctor, or being cleared to go back to work. If you experience any of these issues, time limits and limits on the number of changes may apply, so act quickly.

Your work comp attorney in Virginia can answer your questions and let you know about specific laws that apply to your case.